BILL NUMBER: AB 1191 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 10, 2001
AMENDED IN ASSEMBLY APRIL 19, 2001
INTRODUCED BY Assembly Member Longville
(Coauthor: Senator Kuehl)
FEBRUARY 23, 2001
An act to add and repeal Article 2.5 (commencing with Section
4659.5) of Chapter 5 of Division 4.5 of the Welfare and Institutions
Code, relating to services for the developmentally disabled.
LEGISLATIVE COUNSEL'S DIGEST
AB 1191, as amended, Longville. Developmental disabilities.
Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services is
authorized to contract with regional centers to provide support and
services to individuals with developmental disabilities. The
regional centers purchase needed services for individuals with
developmental disabilities through approved service providers or
arrange for their provision through other publicly funded agencies.
This bill, until January 1, 2005, would establish procedures for
the resolution of disputes between a regional center and any publicly
funded agency, as defined, over provision of, or payment for,
services that are contained in an individualized family service plan
or individualized program plan for any child under 6 years of age.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.5 (commencing with Section 4659.5) is added
to Chapter 5 of Division 4.5 of the Welfare and Institutions Code, to
read:
Article 2.5. Interagency Dispute Resolution
4659.5. (a) This article shall apply to any dispute over the
provision of services between a regional center and any publicly
funded agency referred to in paragraph (8) of subdivision (a) of
Section 4648 with respect to services that are contained in the
individualized family service plan or individualized program plan for
any child under six years of age.
(b) This article shall apply only to disputes over which entity is
to deliver or pay for a specific type, frequency, or duration of
services, or any combination thereof, when the services are contained
in the individualized family service plan or individualized program
plan for any child under six years of age. This article shall not
apply to the resolution of disputes between a consumer or his or her
authorized representative and a regional center over the provision
of, or payment for, a service, nor shall this article apply to the
determination of eligibility for any service.
(c) This article shall not apply when the dispute has been decided
after a due process hearing or resolved by the agreement of all
parties, in a proceeding under the California Early Intervention Act,
Title 14 (commencing with Section 95000) of the Government Code, in
which the regional center and local education agency have been
joined.
(d) This article does not apply to a dispute when a consumer has
requested mediation or a due process hearing under the California
Early Intervention Act, Title 14 (commencing with Section 95000) of
the Government Code, and the regional center and local agency have
been joined in the proceeding.
(e) This article does not modify the mandated responsibility of a
regional center or a local educational agency to fund services
identified in the individual family service plan as set forth in
subdivision (g) of Section 95007 of the Government Code and Sections
52106, 52107, and 52108 of Title 17 of the California Code of
Regulations.
(f) This article does not modify the responsibilities of regional
centers to fund services pursuant to this division.
4659.7. (a) Whenever there is a dispute between a regional center
and another local agency regarding responsibility for providing or
paying for a service required pursuant to Section 4648 or Section
95020 of the Government Code and specified in the consumer's
individualized family service plan or individualized program plan,
the regional center may submit a written notification of the failure
to provide the service and a request for dispute resolution to the
appropriate local agency the regional center believes is responsible
for providing the service or services at issue. Any regional center
that files written notification of the failure to provide a service
and to pursue the dispute resolution process with another publicly
funded agency as set forth in this section, shall provide written
notification of its request for resolution to the consumer's parent,
legal guardian, or authorized representative. The regional center
may withdraw its request for dispute resolution at any time during
this process.
(b) Upon receipt of the written notification made by the regional
center, the appropriate local agency and the regional center shall
have 15 calendar days to meet to resolve the dispute. The local
agency and the regional center shall prepare a written copy of the
meeting resolution which shall be mailed to the parent, guardian, or
other authorized representative within 10 calendar days of the
meeting. The resolution shall specify the type, frequency, and
duration of the service or services to be provided as specified in
the consumer's individualized program plan or individualized family
service plan, and shall also specify the regional center or local
agency responsible for providing the service.
(c) (1) If the dispute cannot be resolved within 10 calendar days
of the meeting to the satisfaction of the regional center and the
appropriate local agency, each party shall submit his or her
contentions on the issue in writing to the Director of the Office of
Administrative Hearings within 30 calendar days of the meeting. The
Director of the Office of Administrative Hearings, or his or her
designee, shall review the issue and issue a written decision within
30 calendar days of receipt of the case. The decision shall specify
the type, frequency, and duration of the service or services to be
provided as specified in the consumer's individualized program plan
or individualized family service plan, as well as the regional center
or local agency responsible for the service or services. The Office
of Administrative Hearings may award reimbursement retroactively to
the date the prevailing party initiated the provision of the services
that were in dispute. A written copy of the resolution shall be
mailed to the parent, guardian, or authorized representative, the
Director of Developmental Services, and the
regional center or , and the local
agency involved in the dispute resolution process.
(2) The decision of the Director of the Office of Administrative
Hearings, or his or her designee, shall be binding on all agencies
that are parties to the dispute.
(d) (1) The submission of a notification pursuant to subdivision
(a) shall not interfere with a consumer's right to receive the
services and supports in his or her individualized family service
plan or individualized program plan on a timely basis.
(2) Arrangements for the provision of an interim service or
services may be made by written agreement between the regional center
and public agency, provided the child's individualized family
service plan or individualized program plan is not altered, except as
to which agency delivers or pays for the service if the
specification is included in the individualized family service plan
or individualized program plan.
(e) Nothing in this section shall prevent a consumer or his or her
authorized representative from filing for a due process hearing
pursuant to Section 4710.5 or pursuing a remedy through civil action
in any court of competent jurisdiction.
(f) Once the dispute resolution procedures have been completed,
the local agency determined responsible for the service shall pay for
and provide the service, and shall reimburse the other agency that
provided the service pursuant to subdivision (d), if applicable.
(g) The State Department of Developmental Services shall pay for
the services provided by the Office of Administrative Hearings
pursuant to this section.
4659.9. (a) The resolution under this article of whether a
regional center or local agency is the responsible party for
providing the service in a particular matter shall not set a
precedent for the resolution of any other matter.
(b) This article shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.